Australian Immigration Stories

Australian Immigration

Peter and I had met in an internet chat room in 1997, and spent many hours in front of the computer as well as on the phone during the evenings on both sides of the ocean. At the time, Peter was running his own business and would stay late most nights for us to chat. I had recently gone back to college, and would either get up early in the morning or stay up late at night. We both felt that we had something going, but wanted to meet first to make sure what we felt on-line was going to be real. As he had just moved from Melbourne to Sydney to start a new job, and I was going to be in between semesters, we decided that I would come to Australia in June 1999 during my summer break. This would give me a change to see Australia, something I had always wanted to do anyway, as well as give us the chance to meet and see if what we felt on-line was real.

I arrived in Australia in late May 1999 on a 3 month tourist visa, and we spent most of June and July travelling country New South Wales and Victoria on a project for his company. I think we both knew as soon as I got off the plane that what we had was real, and by the August when I was due to return, Peter tried everything he could think of to get me to stay. I only had one more semester to go before finishing my degree, and thought it would be best in the long run to go back and finish. This would also give me the time to sort through what I wanted to bring to Australia as well as break it to the family.

We had called the Department of Immigration (DIMA) while I was in Australia to check on the process of me immigrating. They suggested that, as I would not qualify under the Skilled Migrants category, that we could either apply as a fiancée or spouse. The fiancée visa would need to be applied for while I was in the States, and the spousal visa while I was in Australia. They suggested that it would be faster, and possibly easier, to apply as a spouse.

Once I returned to the States, I called the Australian Embassy in Washington, D.C. as a comparison. They essentially confirmed what DIMA said. They also included that only a certain number of fiancée visas were approved each year, and as my target date to leave was December, that I most likely would not be granted a visa that year as the waiting line was very long at that time.

Fast forward to December 1999. My college degree is finished, I’ve packed what I want to bring with me, with family and friends taking what they wanted from my apartment. The rest was either sold off or donated, and notice given to the landlord. Christmas 1999 was bitter-sweet with the family, as we all knew this would be the last time we were all together for a while. A few days after Christmas, it was time to head for the airport and leave for my new home and life Down Under. Both Peter and I wanted me on the ground in Australia before the Y2K Millennium bug was due to hit, as neither of knew what was going to happen.

As it turned out, we fretted for nothing, but we both knew what could have gone wrong and didn’t want to take any changes. I arrived in Melbourne on December 30, 1999 with my 3 month tourist visa to a warm summer’s day after leaving the freezing cold of upstate New York. The plan was to spend a couple of days with Peter’s family in Melbourne, but this was not to be. Mum had a rotten cold at the time, and Peter was just getting over it. She didn’t want me to chance getting it from her, so after flying for about 24 hours from NY, we hopped into the car and drove back to Sydney that day. We eventually ended up extending my tourist visa for an additional 6 months, as the budget was a bit tight at the time.

We had decided to hire an immigration lawyer to assist us in making sure the paperwork was correct when filing, and needed to save a bit of cash in order to pay for his services. In the mean time, he advised us to start by having the lease put into both our names (using my married name), as well as changing the utilities into both names. We opened a joint bank account, even though the bank would only use my maiden name since we were not yet married.

In order to be married in NSW, you need to apply for a marriage licence. They require 3 forms of identification for the license. We were able to use my birth certificate and NY State driver’s license, as both were issued by a government agency, as well as my passport, and there is a 30 day waiting period from when you apply to when you can be married. We were finally married in late July 2000, and once we received the marriage certificate about 2 weeks later, we went down to the bank and had my name on our account changed to my married name. We also had me put onto the credit cards at this point.

Off we then went back to the lawyers and completed the rest of the application. We then went to the Parramatta DIMA office to lodge the application. Once we paid the fee and lodged the application, they gave me a Bridging Visa for my passport. This would then allow me to stay beyond my tourist visa while the process was underway, but I would not be allowed to work or receive medical benefits. There is an additional form to be filled out should the financial need for the immigrant to work, though we did not apply for this.

The documentation that DIMA is looking for is rather easy. There was, of course, certified copies of the marriage license, our passports and both birth certificates. They were also looking to prove that the relationship is genuine. What they are most interested in is legal documents such as mortgage/lease held in both names, utilities and bank accounts in both names, etc. They also wanted a copy of our wedding invitation as well as copies of photos from the wedding and reception, as well as requiring 2 statutory declarations from people that know the both of you and are willing to legally swear that they know your relationship is genuine. What DIMA is mainly on the lookout for is people coming to Australia in order to go on welfare. As long as you can satisfy them that this is not your intention, there should not be too many questions. It is also possible to apply as a de facto relationship, however both parties need to have been living together as a couple for a minimum of 12 months before applying.

I think it was about a month or so later we got a letter from DIMA requesting a medical exam and police check from the Australian Federal Police. DIMA would handle getting a police check done from the States. The medical exam was a basic exam which included a chest x-ray. The police check was simply filling out a form and sending them a cheque (I think it was around $35.00 AUD). The results of the medical exam were forwarded directly to DIMA, while the police check results were mailed to me, which I then had to forward on to DIMA. If I remember correctly, it was late September 2000 when I received a phone call from the case worker at DIMA asking for a brief interview. He was happy with the application, and wanted to ask a few questions from both of us, but did not feel the need for us to come to the office. He asked me his questions on the phone, and then called Peter on his mobile and asked him some questions. At this point in time, I cannot remember what questions he asked, but I remember us talking about it later that night and the both of us being surprised at how little was actually asked, and that we did not have to go in for a formal interview. The case worker must have been happy with the results as he called me back a few minutes later to say he was approving the application. He said he would send written confirmation of granting the application in a few days.

Once the letter from DIMA arrived granting Temporary Residency, we went back to the office to have the visa put into my passport. While under a Temporary Residency visa, you are entitled to work and to receive medical benefits. You will have to attend your local Medicare office and apply for a Medicare card – the documentation they asked for, if I remember correctly, was simply the letter from DIMA granting Temporary Residency, my passport and our marriage certificate. A temporary card is then mailed to you. The ladies will need to be aware that Medicare will only issue your card under your maiden name, as this is what you are known as with DIMA, even though you show them proof of marriage. They will mail you a new card prior to your current card expiring. Once Permanent Residency is granted you can change to your married name and receive a permanent card, but not until DIMA has granted Permanent Residency. Temporary Residency is for a period of about 2 years while DIMA processes the application. Personally, I have no idea what they are processing, as there was no communication from them during this period.

They will contact you again near the end of the 2 years when it is time to re-visit the application. At this point, they will ask for some more documentation similar to what you produced for the first application. From here, they will review the case and let you know. For some reason, my application must have sat on a desk for too long, as Peter got a phone call from the new case worker asking for some extra documentation. She wanted to approve the application but just needed some more current documentation to show her boss, or at least that’s what she said. It could be that the delay was caused by tighter restrictions in the States post-September 11, but this cannot be confirmed. We had no problem in producing the documents requested, and shortly after received a letter from DIMA granting Permanent Residency.

From here on out, you are allowed to stay as long as you wish. Should you need to return to the States during any part of the process, you will need to notify DIMA and apply for a return visa. If you have not yet been granted Permanent Residency, your application approval may be delayed for the period of time you are out of the country. Once you have Permanent Residency, you need a Resident Return Visa if you plan on leaving and coming back. This, from what I understand, is essentially granted almost immediately, but as I have not applied for one I cannot say.

For those wishing to apply for citizenship in Australia, there is a 2 year waiting period from the time of your Permanent Residency being granted before you will be eligible. As I am not eligible as yet for Citizenship, I cannot go further at this time, but will post an update to this process when I can.

If we had to do the entire process over again, I don’t think we would go to the expense of hiring the lawyer. At the time, though, neither of us wanted to chance something going wrong, and wanted someone there on our side should we need. All of this was also prior to the September 11, 2001 disaster, and as a result, some security measures may have tightened since I had originally applied.

One suggestion that I will give any potential applicant is to save everything! Have family back in the States write and/or send cards to the both of you in your married names and save the envelopes. Save any documentation proving the relationship – we had even gone to the trouble of me bringing over my old phone bills from NY which showed how long we had been calling each other, and Peter had his old bills as well. The ladies should always use their married name in any way they can. Get your mortgage/lease in both names, have joint bank account(s) and credit card(s), all utilities in both names. Subscribe to a couple of magazines in your married names and save the shipping labels. The more documentation you have showing you consider the relationship is genuine, the easier it is to prove to DIMA. This may have been one of the reasons why we were not called in for an interview – the case worker saw how much stuff we had when originally applying that he maybe decided it wasn’t worth questioning, but this is also just a guess. I will not suggest by any means that another applicant won’t be called in for a formal interview.

I would also suggest that when you need to attend their offices, plan of taking the day off. There are usually long lines to wait in when attending the office, and there generally is not enough seating available. Bring a good book or something along to help you occupy your time. Even if you get there before they open, you will most likely have a while to wait. All in all, the entire process has been rather simple and painless. I think the worst part of the whole thing was the waiting with no communication from DIMA, but we got through it and are looking forward to 2005 when I should be eligible for Citizenship.

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